Peripheral neuropathy decisions — 2001

The Board denied the veteran's claim for an increased rating for right ulnar neuropathy, finding that his symptoms did not warrant a higher evaluation.

The veteran's claims for service connection were denied, and he was not granted compensation under 38 U.S.C.A. § 1151 for cerebral hypoxia with residual brain damage and neurological deficits. The issues of peripheral neuropathy and traumatic arthritis of the hands and elbows were also denied.

The Board denied the veteran's claims for service connection for PTSD, peripheral neuropathy as secondary to Agent Orange exposure, and headaches as secondary to PTSD. The appeals regarding the initial ratings for fractures of the right hand were also denied.

The Board has determined that the veteran's peripheral neuropathy may be related to his exposure to Agent Orange during service, and thus remands the case for further development including obtaining medical records and a VA examination.

The Board finds that the veteran's service-connected disabilities, including his right knee disability and peripheral neuropathy of the right lower extremity, result in such loss of feeling, strength, and coordination of the right lower extremity that they are equivalent to permanent loss of use of the right foot. As a result, the veteran is entitled to specially adapted automobile or adaptive equipment.

The veteran's claims for increased evaluations and service connection were granted, with the effective date set at February 9, 1989. The right elbow disability claim was reopened due to new evidence.

The Board has determined that the appellant's chronic axonal peripheral neuropathy is due to exposure to Agent Orange during service, and thus grants service connection for this condition.

The Board has denied the veteran's claims for special monthly pension benefits due to a lack of evidence showing that he requires regular aid and attendance or is substantially confined to his dwelling.

The Board has determined that the veteran's numbness of the hands and feet is not service-connected, but his residuals of a head injury (other than headaches) are currently evaluated at 50 percent since January 16, 1997.

The veteran's PTSD was granted a 70% disability rating effective January 1, 1993. His right ulnar nerve neuropathy and shell fragment wound residuals of the right arm were not rated higher.

The Board has determined that the veteran's peripheral neuropathy is related to his service in Vietnam, including exposure to Agent Orange. As a result, the claim for service connection is granted.

The veteran's lumbosacral strain was granted a 40 percent evaluation effective October 28, 1998. The TDIU claim is also granted.

The veteran's service connection claim for Type II diabetes mellitus with diabetic peripheral neuropathy due to exposure to Agent Orange is granted. The initial rating claims for post-traumatic stress disorder are also granted.

The veteran's service-connected lumbosacral strain is rated at 20 percent, which the Board finds insufficient to reflect his current level of disability. The evidence shows that he experiences chronic and recurrent low back pain with a burning sensation radiating into his hip and leg.

The Board finds that the veteran did not suffer from frostbite of his feet and/or hands during active service, and thus denied his claim for service connection.

The Board has granted service connection for bilateral sensorimotor peripheral neuropathy of the lower extremities, finding that it is likely related to Agent Orange exposure during active duty service.

The Board has determined that the veteran did not have exposure to mustard gas during service and therefore cannot establish service connection for his claimed condition. The claim is denied.

The Board found that the veteran's service-connected disabilities did not cause or contribute substantially to his death from asystole due to respiratory arrest. The appellant's claim for service connection for the cause of her husband's death was denied.

The Board denied the veteran's request for an earlier effective date of March 2, 1999 for his total rating based on individual unemployability due to service-connected disabilities. The decision found that there was no claim or informal claim for increase prior to March 1999 and that the PTSD diagnosis in June 1993 did not constitute a formal claim of service connection.

The Board has determined that the appellant's service-connected gunshot wound to the lower jaw warrants a combined evaluation of 40 percent, which includes separate evaluations for incomplete paralysis of the 5th cranial nerve on both sides.